Logo Watermark

Agenda

Ordinary Council Meeting

22 February 2024

Council will commence consideration of

all business paper agenda items at 7.00 pm.

LC_WebBanner

Notice of Meeting

Dear Councillors,

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 22 February 2024 commencing at 7:00 PM. The business to be transacted at the meeting is included in this business paper.

In accordance with clause 3.26 of the Code of Meeting Practice Councillors are reminded of their oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Yours faithfully

Craig - GM

Craig Wrightson

General Manager

Council Meeting Procedures

The Council meeting is chaired by the Mayor, Councillor Scott Bennison. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5.00 pm on the Tuesday following the meeting.

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (Wednesday, 21 February 2024) and a Zoom meeting link will be emailed to the provided email address of those registered as an online speaker. Please note that the time limit of three minutes per address still applies, so please make sure your submission meets this criteria. Alternatively, members of the public can still submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later than midnight, on the day prior to the meeting. (500 words maximum).

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation. Should you require assistance to participate in the meeting due to a disability; or wish to obtain further information in relation to Council, please contact Council’s Executive Manager – Corporate Services on (02) 9911 3550.

Ordinary Council 22 February 2024

TABLE OF CONTENTS

DECLARATIONS OF INTEREST

APOLOGIES

ACKNOWLEDGEMENT TO COUNTRY

MINUTE OF SILENCE FOR RELECTION OR PRAYER

NOTICE OF WEBCASTING OF MEETING

public forum

Members of the public may address the Council Meeting on any issue for 3 minutes.

CONFIRMATION OF MINUTES

1. ORDINARY COUNCIL MEETING - 7 DECEMBER 2023

Orders Of The Day

Notices of Motion

2. Notice of Motion - Waxcaps - Lane Cove Bushland Park........................ 6

3. Notice of Motion - Community Room Hire Fee Review................................ 8

4. Notice of Motion - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)........... 10

Officer Reports for Determination

5. New South Wales Planning Reforms............................................................. 13

6. Bob Oval Campbell Upgrade Tender............................................................. 16

7. 5G Cell Towers - Update on Additional Request for Information. 23

8. Wildlife Protection Areas................................................................................. 30

9. Community Consultation results on the Draft Swimming Pool Program...................................................................................................................... 43

10. Councillor and Staff Interaction Policy Update, Managing Psychosocial Hazards in the Workplace Procedure Information and Proposed Amendments to the Code of Meeting Practice................... 52

11. 2023/24 Budget - Second Quarter Review...................................................... 57

12. Council Policies Review - Part 3...................................................................... 74

13. Delivery Program and Operational Plan - 2023/24 Second Quarter Review.......................................................................................................................... 77

14. Local Planning Panel - Expiration of Term............................................. 292

15. Councillor Conference Attendance Request - NSW ALGWA Conference 2024.................................................................................................... 295

Officer Reports for Information

16. Council Snapshot - December 2023 & January 2024................................ 297

Ordinary Council Meeting 22 February 2024

Notice of Motion - Waxcaps - Lane Cove Bushland Park

Subject: Notice of Motion - Waxcaps - Lane Cove Bushland Park

Record No: SU6759 - 8566/24

Division: Lane Cove Council

Author(s): Councillor David Brooks-Horn; Councillor Katherine Mort; Councillor Scott Bennison

Executive Summary

This motion seeks a report to Council that details the current state of the habitat in Lane Cove Bushland Park across its North, Central, and South areas, outlining the measures implemented to preserve the waxcap habitat in these regions, and to provide information on the quantity and species of waxcaps observed during the last fruiting season in these specified areas.

Background

Lane Cove Bushland Park (LCBP) is home to a protected and critically endangered assemblage of 36 species (including six undescribed species) of waxcap mushrooms. The assemblage includes five endangered species and four vulnerable species all of which were discovered by Ray and Elma Kearney in 1998. One of the endangered species was named Hygrocybe lanecovensis and at that time found only in LCBP.

The majority of the waxcaps in LCBP are found in the North, Central, and South areas of Lane Cove Bushland Park.

Other threatened species found in the assemblage include:

· Hygrocybe rubronivea,

· Hygrocybe anomala var. ianthinomarginata,

· Hygrocybe austropratensis,

· Hygrocybe collucera, Hygrocybe griseoramosa,

· Hygrocybe aurantipes,

· Hygrocybe reesiae; and

· Camarophyllopsis kearneyi.

Fruiting season is between April / March to August depending on temperature and rainfall. They fruit mainly in moss and/or in leaf litter. In moss, the waxcap growth is stunted.

The threat to the assemblage is determined by the NSW Scientific Committee and subsequently is listed under NSW legislation. Maximum penalty can include up to $220K and/or imprisonment, which can be imposed for damage to an endangered waxcap species and $110k and or imprisonment, for damage to their habit.

Council receives an annual grant, from NSW Save our Species program (SOS), starting with $4,511 in 2014-15, to over $15k in 2020-21 to protect and maintain the habitat of the waxcap assemblage in LCBP.

RECOMMENDATION

That Council receive a report outlining:-

1. Current condition of the habitat in Lane Cove Bushland Park in North, Central and South areas;

2. Measures taken to preserve the waxcap habitat in Lane Cove Bushland Park in North, Central and South areas; and

3. Quantity and waxcap species found in the above three areas, in the last fruiting season.

Councillor David Brooks-Horn

Councillor

Councillor Katherine Mort

Councillor

Councillor Scott Bennison

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 22 February 2024

Notice of Motion - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)

Subject: Notice of Motion - Support for Additional Legislation to Restrict the Sale of Non-Therapeutic Unregulated E Cigarettes (Vapes)

Record No: SU3530 - 8774/24

Division: Lane Cove Council

Author(s): Councillor Katherine Mort; Councillor Scott Bennison; Councillor David Brooks-Horn

Executive Summary

This motion is for Lane Cove Council to actively engage in the advocacy of initiatives aimed at addressing public health concerns associated with vaping products.

Background

In recent years the sale of E-cigarettes (vapes) has rapidly gained momentum. What might have originally gained popularity and support as a means of allowing smokers to “kick the habit” has been used to hide a much more sinister marketing campaign. Cheap, flavoured, disposable nicotine vaping products have flooded the market. Research in both Australia and the United States has shown that over 80% of E cigarettes sold as non-nicotine products contain nicotine. Children as young as 12 or 13 are trying vapes for the first time today and teenagers have clearly been a group targeted by the industry.

All over Sydney young people are buying these products with no difficulty and stores that sell them are only a short walk from the schools they attend daily.

Numerous sources list possible side effects of nicotine in young people as changes in brain development, impaired attention, learning and memory difficulties and an increase in anxiety, stress and depression.

However, nicotine is not the only substance found in E-cigarettes. Studies have demonstrated some contain cleaning products, nail polish remover, insect and weed killer and diacetyl. Without regulation there is nothing to stop any substances at all being added. These substances and toxins are inhaled straight to the terminal area of the lungs, the alveoli where gas exchange occurs and changes that lead to chronic lung damage may occur.

There are no safe E-cigarettes just like there are no safe tobacco based cigarettes.

Fairly obviously recruiting younger customers can lead to a lifetime of sales. Nicotine is highly addictive and with it an associated increase in numerous health issues. Research shows vaping increases the of likelihood of smoking cigarettes threefold.

The Australian Government has been blindsided by an aggressive industry that seeks to undo decades of effective tobacco control and replace it with a new and more insidious alternative.

On the 1st January, 2024 new Federal Government legislation banned the importation of all disposable E-cigarettes. This is a good start but further restrictions are imperative and need to be legislated as a matter of urgency.

RECOMMENDATION

That Council resolve –

1. Write to the NSW Planning Minister, Hon Mr Paul Scully advocating for:-

• Banning the sale of all E-cigarettes (vapes) other than at a pharmacy within 500 metres of any school.

• The introduction of a Positive Licensing Scheme requiring notification and registration of all commercial premises which sell cigarettes and vaping products

2. Write to the Federal Health Minister, the Honourable Mark Butler expressing Lane Cove Council’s strong support for new legislation banning the sale of all E-cigarettes and requesting the introduction of these bills to federal parliament as a matter of urgency.

The anticipated legislative changes include:-

• cessation of the personal importation of vapes

• ban on the importation of non-therapeutic vapes (Commenced 1st January, 2024)

• requirement for therapeutic vape importers and manufacturers to notify the Therapeutic Goods Administration of their product’s compliance with the relevant product standards

• requirement for importers to obtain a licence and permit from the Australian Government’s Office of Drug Control before the products are imported.

• possible legislation to prevent domestic manufacture, advertisement, supply and commercial possession of non-therapeutic and disposable single use vapes to ensure comprehensive controls on vapes across all levels of the supply chain.

3. Lane Cove Council request that anticipated legislative changes outlined in Point 2 not be delayed until later in the year or be postponed as other issues gain more traction. In addition, we request increased funding to state governments to allow them to maintain strong enforcement and compliance policing.

4. Write to our Local Federal Member Ms Kylea Tink requesting her support for all legislation restricting and banning the sale of all vaping products and E-cigarettes other than with prescription.

5. Lane Cove Council notes the role the Tobacco Industry plays in advocating for less restrictive legislation and to oppose the influence of industry lobbyists on decision making.

Councillor Katherine Mort

Councillor

Councillor Scott Bennison

Councillor

Councillor David Brooks-Horn

Councillor

ATTACHMENTS:

AT‑1 View	Can vaping damage your lungs- Harvard Health School	13 Pages	Available Electronically
AT‑2 View	NSW Policy Vaping and E-cigarettes - 2024	7 Pages	Available Electronically
AT‑3 View	Vaping-Factsheet-NSW Health	3 Pages	Available Electronically

Ordinary Council Meeting 22 February 2024

New South Wales Planning Reforms

Subject: New South Wales Planning Reforms

Record No: SU8053 - 6936/24

Division: Planning and Sustainability Division

Author(s): Terry Tredrea; Christopher Pelcz

Executive Summary

The NSW Department of Planning and Environment (DPE) is proposing changes to Planning controls in the R2 (low density) and R3 (medium density) zones. The changes are the largest change to planning in a generation.

A Community Meeting is to be held on Tuesday 20 February 2024 to brief the public on the reforms and their impact on the Lane Cove LGA.

Council will be making a submission to the NSW Government in relation to the changes and this submission will be informed by the Community Meeting.

The Government’s exhibition period closes for submissions on Friday 23 February 2024. Due to the timing of the public exhibition, the Community Meeting and the Council meeting, it is intended to publish a late report in regard to Council’s submission.

In brief Council has several concerns about these changes:

1. The widespread permissibility of dual occupancy developments and the reduction of minimum lot sizes for Dual Occupancies.

2. The introduction of Torrens Title subdivision for Dual Occupancies and the ability to create undersize lots.

3. 6 Story apartment buildings in R3 Medium Density Zones.

4. Impact of the overlap of St Leonards Station, Crowns Nest Metro and Wollstonecraft stations.

5. Mismatched controls and non-refusal standards.

6. Uncertainty in relation to much of the detail.

These concerns will be outlined in a submission to the NSW Government.

Background

The NSW State government’s stated intention is to support more and varied affordable housing. The National Acord has set NSW a target of 377,000 new homes over the next five years.

As part of this move, the proposed Planning Reforms contains amendments to local councils’ planning controls that is intended to increase the housing supply.

In December 2023 these changes known as the Diverse and Well-located housing reforms were placed on public exhibition.

The NSW government’s recent affordable housing reforms can be divided into three initiatives. The first two have already been enacted. The third is on exhibition and is the subject of the Community Meeting on 20 February 2024 and subsequent submission. In brief, the reforms are:

1. High Density bonuses for Affordable Housing (Implemented)

Bonus Floor space ratios (FSR) and Building heights (HOB) are available for apartment buildings (Residential Flat Buildings -RFBs) and shop top housing. Bonuses of between 20-30% bonus FSR/HOB are available in return for 10-15% proposed affordable units:

2. Build-to-Rent (Implemented)

Is large-scale, purpose-built rental housing that is held in single ownership and professionally managed within the commercial precincts (E2 and MU1 zones) with accelerated State Significant Approval processes for developments over $60M.

3. Low-rise & Mid-rise Housing incl dual occupancies {Currently on exhibition}

The following changes are proposed to take effect by the end of June 2024:

• Allow dual occupancies (two dwellings on the same lot) with a minimum lot size of 450 square metres in all R2 low density residential zones.

Currently new dual occupancies require a minimum lot size of 750 square metres and are not permitted to be strata titled in the Lane Cove Local Government Area. This has tended to minimise the number of dual occupancies.

• Allow terraces, townhouses and 2 storey apartment blocks within 800 metres of transport hubs (St Leonards) and town centres (such as the Lane Cove Village) in R2 low density residential zones.

Currently this type of development is not permitted in R2 low density residential zones as it is not deemed low density.

• Allow mid-rise apartment blocks {4 to 6 storeys} within 800m of train stations (such as St Leonards) and town centres (such as the Lane Cove Village) in R3 medium density zones.

Council has already included higher density around the Lane Cove town centre and St Leonards Station precinct.

• Creation of new development standards that encourage diverse homes to be built.

The Lane Cove Local Government Area’s planning controls will continue to apply, but only to the extent they are not inconsistent with the proposed new planning controls.

The proposed new planning controls will apply in Heritage Conservation Areas and the NSW Government has stated it will result in significant changes in these locations as housing is delivered. Controls relating to traffic and tree canopy retention will also be overridden in some circumstances, resulting in significant tree loss across the Lane Cove Local Government Area.

The NSW Government is seeking public feedback on the proposed changes to the housing policy until Friday 23 February. The community can find out more on the Department of Planning’s website.

Conclusion

Following the Community Meeting on 20 February 2024 a late report will be presented for the Council's consideration including a draft submission.

RECOMMENDATION

That Council received and note the report.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 22 February 2024

Bob Oval Campbell Upgrade Tender

Subject: Bob Oval Campbell Upgrade Tender

Record No: SU9594 - 7201/24

Division: Open Space and Infrastructure Division

Author(s): Ted Webster

Executive Summary

This report provides a review of tenders for the appointment of a contractor to carry out the construction of the Bob Campbell Oval upgrade works.

Council called tenders in accordance with Council’s Tender and Quotation Procedure for the construction and installation of the natural turf field and surrounding park infrastructure at Bob Campbell Oval. The Request for Tenders to procure this work was made via Vendor Panel on 13 November 2023 and closed on 15 January 2024. Council received eight tenders, five were complete and conforming. The Tender Panel has determined that Landscape Solutions P/L is the preferred contractor to undertake the Bob Campbell Oval upgrade works.

All tenders exceed the available funds for this project by circa $3M. The project cost includes a substantial cost increase for the amenities building and the inclusion of two playgrounds. It is recommended that Council not accept any tender and the General Manager be given delegated authority to negotiate with the preferred tenderer to reduce the project costs and modify the design in relation to the amenities building and provision of an off-leash dog facility at the northern end of the reserve in lieu of a playground.

Background

A Masterplan for Bob Campbell Oval was developed as part of the deliverables in the 2018 – 2021 Delivery Program and Operational Plan, which was subsequently revoked. The revised Masterplan was finalised at the 23 February 2023 Council meeting.

At the 18 May 2023 Council meeting the quotes from Taylor Brammer Landscape Architects and AgEnviro were accepted by Council to commence design detail and compilation of all documentation for the tender.

To progress the regulatory approval for the works, Council also proceeded to engage the same consultant as utilised for the previous Masterplan (for a synthetic field) to carry out a revised REF reflecting the change to a natural turf oval as most of the initial REF was able to be utilised.

At the October 2023 Council Meeting a Mayoral Minute – Delegated authority for the resurfacing of Bob Campbell Oval and associated facilities was considered and Council resolved:-

“That the General Manager: -

1. Be delegated authority to determine the tender and enter into any contracts required for the completion of the Bob Campbell Oval Masterplan construction project;

2. Be delegated authority to make all operational decisions necessary for the successful completion of the project; and

3. Advise the Councillors of any contracts entered into and provide regular updates on the project's progress via the Snapshot Report and Council’s website.”

Final Masterplan Detail Design

The detail design documentation was completed in November 2023 complied by Taylor Brammer Landscape Architects and request for tender was issued shortly after.

The revised Masterplan includes:

· A new, natural turf field will replace the existing turf field (the cricket pitch will remain synthetic), including installation of new irrigation, sand slit drainage, and upgraded lighting facilities to accommodate soccer and cricket

· Existing bushland retained and managed through ongoing bushland management

· A new single-story amenities building to be constructed at the entrance of the park, with the existing amenity building and kiosk to be demolished

· A concrete block retaining wall north-east of the new amenities building to support the altered playing field levels

· A sandstone block and concrete block retaining wall south of the new amenities building, stairs, and ramp to support altered playing field levels and provide access from the new carpark to the new amenities building

· Redesign of the car park to a smaller internal design accommodating 21 cars. Overflow parking is proposed along St. Vincents Road, though this does not form part of this proposal (see below)

· Additional nature play area within land zoned as ‘RE1 Public Recreation’ in the northern portion of the Site

· Relocated fitness equipment from the south to the north of the Site

· New open turf picnic area with shade shelters, barbeques, and new play items on the southern extent of the reserve, next to Gore Bay

· A new shared user path to connect the bushland to the north of the Site, the harbour (at Gore Bay), and St Vincents Road

· New concrete steps located south-west corner of the Site, to connect the park to the harbour (at Gore Bay), and new stormwater outlet built into the existing sandstone retaining wall

· New pedestrian bridge constructed adjacent to the existing pedestrian and vehicle bridge, over Gore Creek as it passes behind the amenities building.

The main changes between the previous and revised Masterplan include, but are not limited to:

· The proposed synthetic field would now be natural turf, with the exception for a synthetic cricket pitch

· Re-configuration of the previous car park that accommodated up to 49 vehicles, to a smaller internal car park for 21 vehicles

· Change in location of picnic areas, playground, and fitness equipment to the north of the site, near the existing playground

· Removal from the design: the fitness track approximately 400 metres in length; the enclosed off-leash dog areas; perimeter fence; and the secondary retaining wall adjacent to the heritage-listed seawall; and netball practice court (for use during off-peak times).

As all of the tenders submitted were in excess of Council’s budget, the General Manager was unable to use the delegated authority granted by Council in October 2023 and the matter is now submitted to Council for consideration.

Discussion

Tender Process

A tender specification was prepared for the Upgrade of Bob Campbell Oval and associated facilities. Council advertised the tender through Vendor Panel and on Councils website. Tenders closed at 2pm on Monday,15 January 2024 and Council received eight tenders; three of the tenders were not complete and five were complete and complying. The request for tender called for suitably qualified and experienced contractors/suppliers for the construction and installation of a natural turf sports field and associated infrastructure including drainage, irrigation, lighting to sports field and carpark, pedestrian paths and footbridge, amenities building and related electrical, plumbing and sewer services, foreshore steps, playground and foreshore picnic infrastructure (shelters, BBQ’s, bubbler, and picnic settings).

The specification outlined that the tender submissions would be assessed based on the following weighted criteria: -

Criteria 1: Price

Weighting: 30%

Based on the Tender Price and schedule of rates provided in the mandatory schedules.

Criteria 2: Capability and Capacity

Weighting: 30%

· Financial Capacity

· Past record and/or demonstrated ability to provide goods/services

· The Respondent's technical expertise; resource and financial management skills including

· Proposed methods of service delivery/ detailed management systems

· Demonstrated continuous improvement practices

· Availability and timing of commencement and completion of the project.

Criteria 3: Experience

Weighting: 30%

· the relevant experience of the Respondent and key personnel and the extent of skills/qualifications of the people who will be engaged to carry out the contractor's obligations under the Contract

· Structure of the Organisation

· Contracts of similar nature with other NSW Councils

· Demonstrated financial capability to provide the Work/Services at both a financial and operational level with a clearly identifiable management structure

· Experience of Sub-Contractors

· Referees responses.

Criteria 4: Workplace Health & Safety:

Weighting: 5%

· Work, Health and Safety policies and procedures

· Quality Assurance Programs

· Insurances

· Work Method Statements

· Satisfaction of Modern Slavery Requirements.

Criteria 5: Sustainability & Environmental Factors

Weighting: 5%

· Assessed based on completed applicable Returnable Schedules.

Tender Evaluation

The five submissions were assessed and evaluated by the following panel members, comprising relevant staff from Council and an expert consultant. The Tender Evaluation Panel (TEP) consisted of;

Mick Battam (AgEnviro) – (expert turf sportsfield consultant - scoring member capacity & capability, and experience)

Paul Lamble (AgEnviro) – (expert turf sportsfield consultant - scoring member capacity & capability, and experience)

Ted Webster (TEP Chair) - Manager – Open Space (scoring member)

David Stevens – Manager – Commercial Operations (scoring member)

Helen Haigh – Co-ordinator Parks and Urban Spaces (scoring member)

Steven Kludass – Director Corporate Services & Strategy - (probity officer - non-scoring member)

The TEP’s Report is Confidential and has been circulated separately to all Councillors. In summary the assessment of the tenders was as follows.

Company	Price (30%)	Capacity & Capability (30%)	Experience (30%)	Workplace Health & Safety (5%)	Sustainability & Environmental Factors (5%)	Overall
Statewide Civil P/L	Preferred		Preferred
Growth Civil Landscapes P/L
Regal Innovations P/L
Landscape Solutions P/L		Preferred			Preferred	Preferred
Glascott Landscape and Civil P/L				Preferred

The Tender Evaluation Scorecard which includes the individual scores and recommendations of tender panel members, the consolidated scorecard, and reference checks has been provided to Councillors in a Confidential Memorandum. The Tender Panel has determined that Landscape Solutions P/L is the preferred contractor to undertake the Bob Campbell Oval upgrade works.

Project Costs

The tender prices of all contractors exceeded Council’s budget for the natural turf field and surrounding park infrastructure. Unlike the tender for the first Master Plan (synthetic field and northern area), this latest tender includes all elements of the new Master Plan. This form of procurement is based on a delivery methodology that focuses on all park infrastructure works being completed before the construction of the turf field to avoid construction impacts, e.g. compaction etc. The procurement process for the original Master Plan had the reverse sequence, with the synthetic field delivered first.

There are several reasons for the cost increases over the original estimates provided in the grant submission. The grant submission estimates were undertaken in 2018 by an experienced industry consultant. Since that time there has been cost escalation well above inflation. In addition, the new Master Plan includes an expanded scope, such as two playgrounds instead of one. To provide some comparison, the following table shows the divergence between the original Master Plan and the average of the tenders for the new Master Plan.

	First Master Plan	Second Master Plan Average of Tenders
Subtotal - Field, Northern Area, lights and general Landscaping etc (Tendered)	$3,385,703 Tender	$4,486,968 Tender
Other Works, Amenities, Foreshore Area and Carpark	$1,095,000 Estimate	$ 2,059,850 Tender
Total	$4,480,703	$6,573,647
5% Contingency	$224,035	$328,682
Total Funding Required	$4,704,738	$6,902,329
Grant Funding	$ 3,293,657	$3,201,646*
Council Funding	($ 1,411,081)	($3,700,683)

* Consultants’ fees were paid for out of the Grant funds for the First Master Plan and have been deducted from the available grant funds for the Second Master Plan.

In order for the project to proceed, it is proposed to make changes to the project and Council to contribute additional funds.

There are potential savings to be achieved in the new amenities and storage building. There are also savings in rationalising the two playgrounds within the plans. Specifically, it is proposed to modify the design to replace the playground at the northern end with an off-leash dog facility. This change will also require the modification of the southern playground area to cater for all age groups.

A specific off-leash dog facility is recommended given the standard of turf field being constructed. The costs submitted for the natural turf sportsfield component are over $1M. In comparison, Council spent $500k to upgrade two turf sportsfields at Blackman Park (B3 and B4) using a similar turf variety proposed and inclusive of drainage and irrigation.

Council has continued to receive correspondence from sporting clubs about the deteriorating turf sportsfields where dogs have dug holes, defecated on the fields, and left sticks. This is an ongoing issue that sporting clubs and the community are struggling to resolve. Maintaining the natural turf sportsfield to the highest standard consummate with the money that has been invested, whilst dogs are allowed off-leash on the field, will not be possible. In turn, Council will not be able to achieve the level of use required to meet the community’s demand for sportsfields, which was the primary goal of the project.

The available budget to cost differential is considerable and it is not envisaged that sufficient savings can be achieved to meet the budget. Therefore, it is proposed to increase Council's budget for this project with the funds coming from section 7.11 funds and Council’s Capital Works Reserve.

Approval Process for the Works

The approval process for infrastructure projects on Council property is governed by the State Environmental Planning Policy Infrastructure (SEPP). For the Bob Campbell Oval Master Plan the SEPP states that the approval process for this project requires a Division 5.1 Assessment under the Environmental Planning and Assessment Act 1979 to be undertaken which in turn requires a Review of Environmental Factors (REF) for the project.

Council has completed the Division 5.1 Assessment process and issued an approval for the works.

Conclusion

The Tender Evaluation Panel has assessed the tenders, conducted reference checks and observed company presentations and determined that Landscape Solutions P/L is the preferred contractor to undertake the Bob Campbell Oval upgrade works

Given the differential between Council’s budget and the price submitted, it is recommended, Council not accept any of the tenders and the General Manager be given delegated authority to negotiate with the preferred tenderer to reduce the project costs generally, revise the amenities building and modify the design to provide an off leash dog facility at the northern end of the reserve in lieu of the proposed playground at this location.

RECOMMENDATION

That Council:

1. Decline to accept all tender submissions as none of the tenders received were within the project budget for the Bob Campbell Oval upgrade works.

2. Not call fresh tenders as the tender process has identified a suitable field of contractors who can complete the project and the current submissions have been reviewed under a competitive tender process and the preferred proponent is suitably qualified and can demonstrate capacity and capability for the project. Further, opportunities have been identified to reduce the project costs, by revision of the amenities building and modification of the design to provide an off-leash dog facility at the northern end of the reserve in lieu of the proposed playground, and generally through design development.

3. Delegate authority to the General Manager to enter into negotiations with Landscape Solutions P/L as they have been recommended as the preferred tenderer by the Tender Evaluation Panel, with the aim of entering into a contract at a reduced cost and incorporating the changes referred to in 2. above, if agreement is reached. The negotiation process shall finalise the scope, include design development of appropriate value engineering proposals to reduce costs, remove pricing exclusions, finalise the terms of the contract, and confirm program and delivery methodology.

4. Delegate authority to the General Manager to enter into negotiations with, if no suitable outcome is achieved in 3. above, the next two ranked tenderers, and upon reaching an agreement with a preferred tenderer, enter into a contract.

5. Receive a further report on the outcomes of the negotiations for information.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 22 February 2024

5G Cell Towers - Update on Additional Request for Information

Subject: 5G Cell Towers - Update on Additional Request for Information

Record No: SU6110 - 64240/23

Division: Corporate and Strategy Division

Author(s): Steven Kludass; Mark Brisby

Executive Summary

In recent months, a number of residents of the Lane Cove area have attended Council’s public

forum to express their concerns regarding the potential safety risk posed by exposure to 5G cell

towers.

On 20 July 2023, Council resolved to write to the Federal Government to request funding for an investigation as well as to write to a number of agencies to request information regarding 5G technology. A report was submitted to Council on 21 September 2023 providing a copy of the correspondence received by Council.

On 21 September 2023, Council resolved to write to ARPANSA and ACMA seeking clarification on the information previously provided, to arrange an online presentation for residents on 5G and to seek quotes from an independent assessor to measure exposure to Electro Magnetic Radiation.

This report provides a copy of the correspondence received from ARPANSA and ACMA and an update on the outstanding actions from the resolution of 21 September 2023.

Background

In recent months, a number of residents of the Lane Cove area have attended Council’s public

forum to express their concerns regarding the potential safety risk posed by exposure to 5G cell

towers.

Following discussion at its Ordinary Council Meeting on 21 September 2023, Council resolved to take the following action:

“1. Write to both ARPANSA and ACMA in response to the ARPANSA letter of 23^rd August, 2023 requesting an explanation for the discrepancy between the results from published ACMA audit (1 to 1.2%) and the exposure to EMR radiation in Lane Cove. Specifically this should reference measurements in Longueville Road, Rosenthal Ave and Northwood Road (6 to 15.3 % of maximum public exposure limit)

2. Write to both ARPANSA and ACMA requesting confirmation that maximum exposure limits are based on 30 minutes exposure to Electro Magnetic Radiation from 4G and 5 G cell towers. If this is not correct request statement specifying period of time used to calculate public exposure limits at site.

3. Proceed with ARPANSA’s offer (Talk to A Scientist) for an online presentation on 5G including opportunity for residents to have their specific concerns addressed and answered. Once organised by ARPANSA Lane Cove Council will advertise the presentation including details to attend/register on council’s website.

4. Make enquiries and receive quotes to engage an independent assessor to measure exposure to Electro Magnetic Radiation including The Canopy, 79-83 Longueville Road, 3 Rosenthal Ave overlooking The Canopy. The investigation is to include the production of a report and include an evaluation of the human health impacts of levels of EMR identified in these areas.

5. Write to Ms Kylea Tink, Member for North Sydney requesting her support and funding once cost of testing in Point 4 has been identified.”

Discussion

Correspondence

On 11 October 2023, Council wrote to both ARPNASA and ACMA seeking further clarification on the information previously provided to Council. Specifically, Council requested an explanation on the discrepancy between the results from the published ACMA audit and the exposure to EMR radiation in Lane Cove. Council also asked both ARPANSA and ACMA to confirm that the maximum exposure limits are based on 30 minutes exposure to Electro Magnetic Radiation from 4G and 5G cell towers.

A response was received from ARPANSA via email on 20 October 2023. The response provided in this email is included as AT-1. The email also included an attachment titled “ACMA compliance priority 2021-22 final report” which has been included as AT-2.

A response was received from ACMA via email on 27 October 2023. This response provided in this email is included as AT-3.

Online Presentation

Included in the correspondence sent to ARPANSA on 11 October 2023 was a request for ARPANSA to provide an appropriate contact so that Council could arrange an online presentation on 5G (Talk to a Scientist) as per their previous offer to do so.

Council officers have since reached out to ARPANSA to confirm a date for the online presentation to residents. A confirmed date has not yet been received however when it is presented Council will advertise and promote the presentation through its website.

Independent Assessment

Council officers have identified a number of appropriate independent assessors to measure exposure to Electro Magnetic Radiation. Council has contacted these assessors and has received two quotes for the required works. A copy of the quotes has been circulated to Councillors via a Confidential Memo located on the HUB.

Request for Funding

Following confirmation of the cost required to complete the independent assessment, a letter will be sent to Kylea Tink MP to request support and funding.

Conclusion

Correspondence has been sent to ARPANSA and ACMA as per the resolution of the 21 September 2023 Council Meeting and copies of the responses received have been provided as attachments to this report for the information of the Council and the community.

Council officers are currently arranging an online presentation to residents through ARPANSA and are also seeking quotes to engage an independent assessor to measure exposure to Electro Magnetic Radiation.

RECOMMENDATION

That Council:

1. Receives and notes the correspondence received from ARPANSA and ACMA regarding 5G Cell Towers.

2. Notes that officers are currently arranging an online presentation to residents through ARPANSA and a date will be advertised on Council’s website shortly.

3. Notes that quotes have been received from independent assessors to measure exposure to Electro Magnetic Radiation.

4. Write to Ms Kylea Tink, Member for North Sydney requesting her support and funding for the works proposed in Point 3.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Response from ARPANSA received Friday 20 October 2023	2 Pages
AT‑2 View	ACMA compliance priority 2021-22 final report - August 2022	38 Pages	Available Electronically
AT‑3 View	Response from ACMA received Friday 27 October 2023	2 Pages

Ordinary Council Meeting 22 February 2024

Wildlife Protection Areas

Subject: Wildlife Protection Areas

Record No: SU7532 - 6815/24

Division: Open Space and Infrastructure Division

Author(s): Jeff Culleton

Executive Summary

Council is proposing to list its bushland reserves (areas zoned as C2 under the Local Environment Plan) as Wildlife Protection Areas (WPA’s) under the NSW Companion Animals Act 1998 to manage the impact of cats in bushland. At the ordinary Council meeting of 20^thJuly 2023 the proposal for WPA’s was endorsed for community consultation.

18 out of 34 Greater Sydney councils have already adopted WPA’s and 5 NSROC councils have also made the WPA declaration. By adopting WPA’s council will be carrying out the objective goals in 4 of our strategic plans.

There is evidence that cats are actively roaming in Council bushland from Council’s fauna survey, Council wildlife cameras and resident’s eyewitness accounts and complaints.

The Consultation period ran for 6 weeks and closed on 8^th September 2023. Over 200 people completed the survey with 87% in favour to declare Council’s bushland reserves as WPA’s. The survey results also showed that 64% of cat owners were in support of WPA’s.

Council recommends the declaration of WPA's in all areas zoned C2 (bushland reserves), given their proven ability to protect wildlife. This action will contribute to regional wildlife conservation and the rewilding of lost fauna in the LGA, all while ensuring the safety of pet cats. Additionally, this declaration aims to establish greater regional consistency with other NSROC councils.

To assist cat owners in transitioning their cats to stay out of bushland areas, during the initial implementation Council would have no plans to trap cats as the preferred option is to educate the community to assist them in taking responsibility for their pets. It recommended that Council develop targeted education campaigns in areas surrounding bushland reserves. Should trapping be implemented then a formal process will be developed with priority given to cats being reunited with their owners along with the use of No Kill Shelters.

Background

What are Wildlife Protection Areas

Wildlife Protection Areas (WPA’s) are public places set apart for the protection of our native animals and their habitats under the NSW Companion Animals Act, 1998. Under the Companion Animals Act cats are permitted to freely roam and the only mechanism for councils to prevent cats from roaming into an area is to declare that area a WPA. The Companion Animals Act automatically prevents dogs roaming and this mechanism allows cats to be treated in the same way as dogs.

Who has already adopted Wildlife Protection Areas

The following 18 out of 34 Greater Sydney councils have implemented WPA’s in their bushland reserves including 5 NSROC council which are shown in bold:

1. Blue Mountains Council

2. Camden Council

3. Canterbury-Bankstown Council

4. Georges River Council

5. Hawkesbury City Council (dogs)

6. Hornsby Shire Council

7. Hunter’s Hill Council

8. Inner West Council

9. Liverpool City Council

10. Northern Beaches Council

11. North Sydney Council

12. Parramatta City Council

13. Penrith City Council

14. Randwick City Council

15. Ryde City Council

16. Sutherland Shire Council

17. Waverley Council

18. Willoughby City Council

Strategic Context

Council’s adopted strategic plans of management including Community Strategic Plan, Sustainability Action Plan, Bushland Plan of Management and Dog Strategy have recommended that Council’s bushland reserves be declared WPA’s

Community Strategic Plan

· ID (15) Objective Bushland

Continue to enhance and increase wildlife habitat on public and private land.

Identify and protect local populations of threatened species and communities.

Sustainability Action Plan

· Environment Goal 3 (3.14)

Increase protection of native wildlife by implementing natural wildlife protection areas.

Bushland Plan of Management.

· 3.3.4.3 Management Actions

Consider classifying all bushland reserves as wildlife protection areas under the Companion Animals Act, 1998 as part of a strategy to discourage residents allowing their pets to hunt or disturb wildlife in bushland reserves.

Dog Strategy

· Summary of recommendations (page 45)

10. Consideration will be given to classifying bushland reserves as wildlife protection areas to assist in increasing awareness of environmental significance of bushland for wildlife.

· Recommendation table (page 46)

Consideration will be given to classifying bushland reserves as wildlife protection areas to achieve greater consistency with other Northshore councils.

According to Council’s 2020 Fauna Study, our LGA is home to 134 vertebrate species which consists of 86 birds, 26 mammals, 15 reptiles and 7 amphibians. These animals will greatly benefit with the introduction of wildlife protection areas.

Council in affiliation with Mosman Council, Northern Beaches Council, Ku-ring-gai Council, North Sydney Council, Willoughby Council, Hornsby Council, Taronga Zoo and NSW Local Land Services have committed and financially contributed to the Urban Rewilding Project which aims to eventually reintroduce locally extinct or rare native animals into the remnant bushland of Sydney’s north. This project has been successful in rewilding of the Native Bush Rat at North Head where cats and foxes were removed. The introduction of WPA’s in our LGA will be of great benefit to the reintroduction of native animals into out bushland reserves.

Cats in bushland means loss of wildlife

Council has collected evidence of cats in bushland using wildlife cameras, resident sightings and fauna reports.

Above photos have been taken of cats in Council’s bushland reserves and suspected cat kills. Additional photos in AT-1

There is a misconception that domestic cats don't kill wildlife, supported by evidence suggesting that only wildlife is found in feral cat stool samples. The reason behind this is that feral cats kill for food as a means of survival. While domesticated cats are well-fed and have less incentive to consume their kills. It is important to note that all cats possess the natural instinct to hunt. Although domesticated cats may not consume their prey, the act of hunting is ingrained in their nature.

How Council would manage cats in bushland

If Council declares WPA’s then the active management of cats in bushland would be most successful through education. During the initial implementation Council would have no plans to trap cats as the preferred option is to educate the community and assist them in taking responsibility for their pets.

Council would undertake a targeted education campaign in areas surrounding our bushland. The Education campaign would include:

• Mailout to properties adjacent to bushland explaining WPA’s and the role that cat owners have

• RSPCA talks both online and in person

• Safe Cat at Home photo competition

• How-to guides assisting with transition from outdoor to indoor cats

• Potentially subsidise cost of Catios to restrict cat movements

• Implement a service to check microchips

Should trapping be implemented then a formal process would be developed with priority given to cats being reunited with their owners along with the use of No Kill Shelters.

Discussion

At the July 2023 Council meeting it was resolved to:

1. Council undertake community consultation on the proposal to declare its bushland reserves as Wildlife Protection Areas under Section 30 of the NSW Companion Animals Act 1998;

2. Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and

3. Following the consultation period, a report on any submissions received and any proposed amendments, be reported to Council.

Support for WPA’s

During the survey Council found some cat owners are already keeping their cats contained within their property. These owners have understood that keeping their pets contained to their property means they will not encounter daily dangers, including the risk of getting hit by a car, fighting with other cats, being poisoned or harmed, encountering roaming dogs, getting lost, contracting diseases such as Feline Immunodeficiency Virus or being catnapped and dumped.

Community Concerns with WPA’s

Although the majority of residents supported the proposal there were some not in favour. Their main concerns were:

1. Cats will be taken to Blacktown pound.

2. Rats will take over if cats are removed from bushland.

3. Lane Cove doesn’t have enough threatened wildlife for this to be a concern.

4. Microchips failing.

5. Keeping cats indoors is cruel.

6. There are no cats in Lane Cove Bushland.

Below are Council’s response to these concerns.

Cats will be taken to Blacktown pound

Initially Council has no plans to trap cats as the preferred option is education. Council will develop an education campaign. This will ensure residents know about WPA’s and how the rules apply to them. Council will help with the transition of outdoor cats to indoors or cat enclosures. Should Council decide to trap cats then a formal process will be developed with priority given to cats being reunited with their owners along with the use of No Kill Shelters to ensure that cats are not euthanised.

Rats will take over if cats are removed from bushland

Lane Cove LGA does not have a black rat issue in bushland. It is rare that any rats are sighted in bushland. Black rats are primarily attracted to areas of high urbanisation where they have access to garbage and kitchen scraps. Council has a strict no dumping policy in place so there is little dumping that occurs in bushland to attract rats.

Lane Cove doesn’t have enough threatened wildlife for this to be a concern:

Council’s objective is to conserve all wildlife in the LGA not only those that are listed as endangered. There are however, 9 threatened species and 12 regionally significant species in the LGA.

THREATENED BIRD SPECIES

1. Eastern Osprey

2. Powerful Owl

3. White Bellied Sea Eagle

THREATENED MAMMAL SPECIES

1. Grey Headed Flying Fox

2. Little Bent-wing Bat

3. Large Bent-wing Bat

4. Large Footed Myotis

5. Yellow Bellied Sheathtail Bat

Greater Broad-nosed Bat

REGIONALLY SIGNIFICANT SPECIES

1. Australian Brush Turkey

2. Bar Shouldered Dove

3. Great Egret

4. Nankeen Night Heron

5. Pacific Baza

6. Topknot Pigeon

7. Eastern Broad-nosed Bat

8. Swamp Wallaby

9. Pale-lipped shadeskink

10. Golden Crowned snake

11. Short-necked Turtle

12. Eastern Long-necked Turtle

Microchips failing

There is no evidence of microchips failing, both Council rangers and the RSPCA report no issues with microchip failure. The primary challenge with microchips lies in their small size, making it potentially difficult to locate them within the animal's body. These microchips are inert and are read by radio frequency identification (RFID) technology, and they do not expire or wear out.

A secondary concern is the possibility of a blank microchip. To address this, pet owners are urged to register their animals with Council, ensuring that both registration and microchip details are accurate. To promote responsible ownership, Council plans to launch an educational program, emphasising the importance of keeping contact details up to date.

As part of a proactive approach, Council will offer a free service for pet owners. Where they can bring in their pets to be scanned, ensuring that microchip information is current and accurate. This initiative aims to reinforce the importance of maintaining accurate records for the well-being and identification of pets in the community.

Keeping cats indoors is cruel.

It is a common misconception that keeping cats indoors and in outdoor enclosures is cruel to your cat. Council has and will actively continue to liaise with the RSPCA on the Keeping Cats Safe Indoors program providing advice on the methods to successfully transition an outdoor cat indoors. Council in conjunction with RSPCA has run a program with an expert on how to achieve this transition. Further education and promotion of this program will continually be rolled out to cat owners.

There are no cats in Lane Cove Bushland

As discussed above Council has evidence of cats in bushland. There have been many community reports of cats roaming bushland over several years. Council have conducted an internal survey and found that cats are actively roaming our bushland. Results indicate that both cats and wildlife are present in our bushland. Furthermore 28 residents reported actively seeing cats in Lane Cove bushland during the consultation period.

Council’s Fauna Study conducted in 2020 as well as resident and staff reports found that domestic and feral animals are preying on native wildlife in our bushland reserves. These findings are backed by wildlife rescue organisations.

AT-1 is a collation of photos of cats roaming our bushland reserves.

Domestic cats don’t kill wildlife.

As discussed above there is a misconception that domestic cats don’t kill wildlife as some evidence shows that only wildlife is found in feral cat scats (stool samples). The likely reasoning for this discovery is that feral cats kill and eat to survive. Domesticated cats are fed at home so there is less desire to consume the kill. All cats have the natural instinct to hunt and although domesticated cats don’t consume their prey, hunting is in their nature.

The removal of cats won’t increase the numbers of bandicoots and possums.

There may not be a noticeable increase in native mammal species however cats tend to hunt smaller invertebrates like small lizards and small birds. It is important to understand that small lizards and other reptiles alike are an integral part of the bushland ecology. By restricting cats from the bush these smaller vertebrate species will have increased survivability rates which will strengthen the bushland ecosystem as whole.

Conclusion

Community support for wildlife protection has been strong, with 87% of residents supporting the introduction of Wildlife Protection Areas (WPA’s). This convincing support is driven by the belief that implementing WPA’s will greatly enhance the survivability of wildlife in our LGA and the greater North Shore.

Currently, Council lacks the authority to regulate cats unless an area is designated as a WPA. Under the NSW Companion Animals Act (1998), domestic cats are free to roam anywhere unless that area is declared a WPA. The adoption of WPA’s also follows the objectives outlined in our strategic plans.

Council recommends the declaration of WPA's in all areas zoned C2 under the Local Environment Plan (bushland reserves). This action will contribute to regional wildlife conservation and the rewilding of lost fauna in the LGA, all while ensuring the safety of pet cats. Additionally, this declaration aims to establish greater regional consistency with other NSROC councils.

To assist cat owners in transitioning their cats to stay out of bushland areas, during the initial implementation Council would have no plans to trap cats as the preferred option is to educate the community and assist them in taking responsibility for their pets. It is recommended that Council develop a targeted education campaign for areas surrounding bushland reserves. Should trapping be implemented then a formal process will be developed with priority given to cats being reunited with their owners along with the use of No Kill Shelters.

By embracing WPAs, Council not only aligns itself with our regional counterparts but also makes a substantial contribution by creating protected habitats for vulnerable and endangered fauna species. This move reflects a commitment to regional conservation efforts and demonstrates a proactive approach to safeguarding our diverse wildlife.

RECOMMENDATION

That Council:

1. Declare its bushland reserves (areas zoned as C2 under the Local Environment Plan) as Wildlife Protection Areas under the NSW Companion Animals Act 1998 to prevent cats from entering these areas.

2. Develop a targeted education campaign for areas surrounding bushland reserves, to assist cat owners in transitioning their cats to stay out of bushland areas.

3. Council commit to, should trapping of cats be required, developing a formal process to prioritise reuniting the cats with their owners and the exclusive use of No Kill Shelters if reuniting is not possible.

Martin Terescenko

Director - Open Space and Infrastructure

Open Space and Infrastructure Division

ATTACHMENTS:

AT‑1 View

cats in bushland attachment 1

6 Pages

Ordinary Council Meeting 22 February 2024

Community Consultation results on the Draft Swimming Pool Program

Subject: Community Consultation results on the Draft Swimming Pool Program

Record No: SU3936 - 6853/24

Division: Planning and Sustainability Division

Author(s): Mark Brisby

Executive Summary

This report provides consideration of the results following consultation in relation to Council’s Draft Swimming Pool Inspection Program. Council approved the exhibition of the Draft Swimming Pool Inspection Program at its meeting of 7 December 2023. The consultation commenced on 19 December 2023 and concluded on 6 February 2024. The public were invited to provide their feedback on the draft program via written submissions. In addition to being promoted via Council’s social media and eNewsletters, notice of the exhibition was included in Council’s January In Focus newsletter which is distributed to ratepayers via the quarterly rate notice. Two (2) submissions were received during the public exhibition period. It is recommended Council adopt the Draft Swimming Pool Inspection Program.

Background

The Swimming Pools Act 1992 and Swimming Pools Regulation 2018 is the legislation relating to the requirements for swimming pools in NSW.

The Act and regulation require that all Councils develop and adopt a program for the inspection of swimming pools in its area. This report proposes that Council endorse the draft program and place it on public exhibition in accordance with its Community Consultation Policy

At the December Ordinary Meeting of Council, it was resolved (Resolution No. 247) that the draft Swimming Pool Inspection Program be placed on exhibition for 42 days in accordance with the consultation strategy outlined in the report table at that meeting.

Discussion

Community consultation commenced on 19 December 2023 and concluded on 06 February 2024 based on the consultation strategy outlined in the December report. The online consultation outlined the requirements for swimming pools in NSW in relation to Swimming Pools Act 1992 and Swimming Pools Regulation 2018 and the requirement that all Councils develop and adopt a program for the inspection of swimming pools in its area.

Notice of the public exhibition was promoted via social media and eNewsletter with invitations to the public to provide feedback via written submissions.

Two (2) submissions were received during the community consultation period. A copy of the submissions received from the public has been provided separately to Councillors on a confidential basis.

Submissions

There were two submissions received. One in support and one against the draft program. A copy of each submission has been circulated to Councillors in a Confidential Memo.

The submission against the draft program claims that it does not comply with the Act and Regulations. As stated in the December report the draft program meets the requirements as set out in the Swimming Pool Act providing a framework for the Council to provide the program. Council staff in developing the program reviewed multiple council programs and the proposed program is consistent with them. The legislation does not include mandatory regular inspections of all pools, only pools in “tourist and visitor accommodation or more than 2 dwellings” have a mandatory regular inspection regime, e.g. every three years. In relation to domestic swimming pools in dwelling houses, if mandatory inspections were the expectation of the NSW Government it would have mandated a regular inspection regime within the legislation, instead, the legislation limits mandatory inspections to, on lease or sale of a property when a compliance certificate is required. Also, a mechanism for councils to charge a fee to undertake such inspections would have been included in the legislation, currently a council can inspect upon application by the owner, a council cannot require a compliance inspection be undertaken at regular intervals.

No changes are recommended to the program post the consultation, the document at AT-1 has been reformatted to improve its visual aesthetics.

Conclusion

The Swimming Pools Act 1992 and Swimming Pools Regulation 2018 is the relevant legislation relating to the requirements for swimming pools in NSW.

The Act and regulation require that all councils develop and adopt a program for swimming pools in their area. The subject draft program has been developed in accordance with the Act and Regulations. Having been publicly exhibited and the submissions considered, it is recommended that Council adopt the Draft Swimming Pool Inspection Program.

RECOMMENDATION

That Council:

1. Adopt the Draft Swimming Pool Inspection Program as exhibited, included at AT-1; and

2. Publish the adopted program on Council’s website.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

ATTACHMENTS:

AT‑1 View

Swimming Pool Inspection Program

7 Pages

Ordinary Council Meeting 22 February 2024

Councillor and Staff Interaction Policy Update, Managing Psychosocial Hazards in the Workplace Procedure Information and Proposed Amendments to the Code of Meeting Practice

Subject: Councillor and Staff Interaction Policy Update, Managing Psychosocial Hazards in the Workplace Procedure Information and Proposed Amendments to the Code of Meeting Practice

Record No: SU241 - 8164/24

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

The purpose of this report is to provide Council with:

· an update on the progress of the Draft Councillor and Staff Interaction Policy,

· an insight into relevant documents as they relate to Work, Health and Safety generally and Managing Psychosocial Hazards in the Workplace more specifically, and

· an outline of recommended amendments to Council’s adopted Code of Meeting Practice.

Background

The development of the Draft Councillor and Staff Interaction Policy has been explored with Councillors in recent months, culminating in an initial resolution passed by Council at the 21 September 2023 Council Meeting. At this meeting, the following resolution was passed by Council with respect to a Mayoral Minute titled ‘Striving for Best Practice and Effective Relationships between our Community, Councillors and Council Officers’ (specifically, point 5 of the resolution):

“That Council requests that the General Manager prepare, as soon as possible, a draft ‘Councillor and Staff Interaction Policy’ and amendments to the code(s) to incorporate the recommendations received from Local Government NSW on September 11, 2023, together with any other recommendations from the General Manager that address the concerns raised in the Mayoral Minute”.

In addition, Council subsequently resolved at its Ordinary Council Meeting of 7 December 2023 in a Mayoral Minute titled ‘General Manager’s Performance Plan 2023/24’ the following (specifically, point 3, 3(a), 3(b) and 3(c)):

3. “In accordance with the General Manager's performance measures, Lane Cove Council's Code of Conduct, and Safe Work NSW’s Code of Practice (Managing Psychosocial Hazards at Work), and in consideration of recent staff resignations, to ensure ongoing compliance with Work Health and Safety requirements, the Council endorses the following actions:-

a. All future Councillor requests for information should temporarily be directed solely to the General Manager until further notice.

b. Engage the services of a clinical psychologist to provide training to staff and Councillors in identifying, managing, and eliminating (are far as possible) workplace Psychosocial hazards.

c. Obtain legal advice and other professional advice if required, to draft policies that complement the training and advice provided by the clinical psychologist to improve Councillor and Staff interactions”.

Discussion

Proposed Councillor and Staff Interaction Policy

The proposed Councillor and Staff Interaction Policy will largely be based on the OLG’s Model Policy, noting that the section that deals with Principles, Roles and Responsibilities (Section 4) is proposed to include additional information based on legal advice received from Local Government NSW. The proposed policy will also feature, under the section that deals with the Councillor Request System (Section 5), the importance of acknowledging that Council’s resources are finite and, accordingly, be mindful of the impact of their requests. Specifically, it is proposed that Councillor Requests and Enquiries be assessed using certain criteria, including:

• The level of resources required to respond to Councillor enquiries

• Whether the enquiry is interrogating the minutiae of council’s operations

• Whether the enquiry is borne by necessity, as opposed to curiosity

• The psychosocial impact with respect to the total volume of requests

• The availability of resources (in consultation with the Mayor)

It is also proposed that Section 5 make reference to a flowchart which will assist in the understanding of how Councillor requests and responses are to be managed. The policy is in the final stage of development with further work remaining in relation to defining operational vs strategic matters in the context of the role of a Councillor. Staff research has identified a publication from the Office of Local Government - Guidelines for the Appointment and Oversight of the General Manager, key points include:-

· Assisting the governing body to set the strategic direction – “The general manager also plays a key role in assisting the governing body to develop the council’s strategic direction”. Pg 5

· Supporting councillors - “Requests by councillors for assistance or information outside of meetings should be made to the general manager unless the general manager has authorised another staff member to receive such requests.” Pg 5

· The importance of a good working relationship with the general manager – The Centre for Local Government at the University of Technology in Sydney has identified the following as key components of a good working relationship between councillors and the general manager:

• “mutual trust and respect

• councillors publicly supporting the work of the general manager

• councillors dealing with any performance concerns through appropriate channels e.g., not the media or council meetings

• councillors not getting involved in the day-to-day operational matters of the council (which makes it difficult for the general manager to do their job)

• councillors having a clear understanding of how and when to approach the general manager or other staff for information or support and following agreed protocols

• regular meetings between the general manager, mayor and councillors to ask questions and share information and advice

• respect of confidentiality, and

• any conflict is dealt with professionally and quickly and where it can’t be addressed informally, proper processes are followed.”

It is currently envisaged that the policy will be submitted to the March Council Meeting for consideration and approval to commence community consultation.

‘Managing Psychosocial Hazards in the Workplace’

A psychosocial hazard is a hazard that arises from, or relates to, the design and management of work, a work environment, plant at a workplace, or workplace interactions and behaviours that may cause psychological harm, whether or not the hazard may also cause physical harm. In severe cases, exposure to psychosocial hazards can lead to death by suicide.

There are a number of common psychosocial hazards that arise from, or are related to, work, including:-

• High job demands

• Low job control

• Poor workplace relationships and interactions

• Bullying

• Harassment

Council staff and management have a range of duties and obligations under the WH&S Act 2011. Council has an adopted WH&S Policy that outlines its collective commitment to the WH&S Act 2011. Staff have confirmed that a separate Psychosocial Hazards policy is not required, as it is essentially another risk to be managed under the existing policy framework.

Research by staff has identified existing legal advice obtained by LGNSW which confirms Councillors have a duty and o bligations under the WH&S Act 2011. The advice refers to s29 of the Act which imposes obligations on ‘other persons’ in a workplace to ensure the safety of staff and any ‘other persons’ in a workplace. In the context of Council’s proposed Councillor and Staff Interaction Policy, this means there are Councillor to staff obligations, Councillor to Councillor obligations and Staff to Councillor obligations.

In addition, Council’s adopted Code of Conduct references the responsibility that all council officials have in relation to WH&S (Section 3.12) “All council officials, including councillors, owe statutory duties under the Work Health and Safety Act 2011 (WH&S Act)……”

To provide guidance on this particular workplace risk, Safe Work NSW has published a ‘Code of Practice’ that deals with ‘Managing Psychosocial Hazards at Work’ which was issued in May 2021.

Council’s Workers Compensation Insurer, StateCover, has developed ‘Procedures’ that deal with ‘Managing Psychosocial Hazards in the Workplace’ and has also developed Psychosocial Risk Assessment Forms to assist councils identify risks and develop controls to mitigate those risks. Staff will undertake a risk assessment using this methodology in respect of Council’s proposed Councillor and Staff Interaction Policy.

Council is currently sourcing a psychosocial clinician to assist with the risk assessment of psychosocial hazards, and training for Councillors and senior staff on Psychosocial Hazard obligations, further to Council’s December 2023 resolution.

The preparation of a Procedure is seen as a proactive way of managing the many psychosocial hazards that may come to light in the interactions between Councillors and staff and is considered a prudent preventative measure to ensure the ongoing health and wellbeing of Councillors and staff alike in their daily interactions.

Proposed Code of Meeting Practice Amendments

Further to the resolution passed by Council at the 21 September 2023 meeting, consideration has been given to what other matters need to be addressed. With the aim of ensuring Council Meetings are run in a more effective and efficient manner and have the mental wellbeing of Councillors and staff foremost in mind, a number of changes are proposed to how Council Meetings are conducted:- .

1. Reinstating the need for Councillors and staff to stand when speaking to better manage the flow and order of debate/discussion during Council meetings;

2. Including a provision that limits public speakers to only speak once about a subject/item that is not on the published business paper agenda; and

3. Move the Public Forum segment to another evening, separate from the Council Meeting (recommended to be the Monday evening before the Ordinary Council Meeting), to allow Council sufficient time for Council to transact business as outlined in the published agenda. In recent council meetings there has been considerable time dedicated to the public forum and the debate generally which had seen meetings finishing after the 11:00pm mandated finish time. In most cases this included the bulk adoption of items which is not ideal in terms of Council wishing to adequately consider each matter. By separating the meeting and forum, adequate time will be available for both the Public Forum and the Council Meeting. Ku-ring-gai Council conduct their Council Meeting Public Forum on a separate day to their actual Ordinary Council Meeting.

To give effect to items 1 and 2 above Council will need to amend the Code of Meeting Practice while item 3 can be implemented simply by a resolution of Council, as the Code of Meeting Practice is not prescriptive.

Conclusion

The introduction of a Councillor and Staff Interaction Policy will assist in establishing consistent protocols around the Councillor Request System, balancing the needs of a councillor to fulfill their civic duties on the one hand and the finite resources the organisation has at its disposal on the other hand, all in the context of safe work environment.

The engagement of a suitably qualified psychosocial clinician to train, educate and assist council assess the hazards that may arise during the course of Councillor and staff interactions is seen as a prudent, responsible and proactive measure.

RECOMMENDATION

That Council:

1. Note the update on the Draft Councillor and Staff Interaction Policy together with the legal advice in relation to Councillor obligations under the Work, Health and Safety Act 2011;

2. Note that a Managing Psychosocial Hazards in the Workplace Procedure and Risk Assessment is to be developed in the context of councillor and staff interactions

3. Resolve to move the Public Forum segment to a Monday evening in the week of a scheduled Ordinary Council Meeting; and

4. Note that other proposed Code of Meeting Practices amendments outlined in this report will be the subject of community consultation at the same time as the Draft Councillor and Staff Interaction Policy is released for community consultation.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 22 February 2024

2023/24 Budget - Second Quarter Review

Subject: 2023/24 Budget - Second Quarter Review

Record No: SU9506 - 4318/24

Division: Corporate and Strategy Division

Author(s): Don Johnston

Executive Summary

The 2023/24 Budget - Second Quarter Review involves a number of variations to both income and expenditure estimates. Taking into consideration the variations from the Second Quarter Review, the projected 2023/24 overall operating result has been revised to a surplus of $21,478K, with the operating result before capital grants and contributions forecast to be a surplus of $73K. Capital expenditure has been increased by $15,393K, funded predominantly by transfers from Reserves.

It is recommended that the 2023/24 Budget be varied in accordance with this report.

Background

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 203 of the Local Government (General) Regulation 2005. The purpose of these reviews is to ensure that the impacts of financial variations are reflected in the forecast of Council’s financial position to 30 June 2024, and that it remains satisfactory.

The main second quarter adjustments include:

· Forecast receipts of St Leonards South section 7.11 developer contributions totalling $15,093K plus an increase in LGA Wide contributions of $520K, a total increase in income of $15,613K;

· An $11,550K budget provision for the acquisition of properties in St Leonards South, funded from developer contributions, as outlined above;

· An additional $3,100K for Bob Campbell Oval following the tender process, funded from Section 7.11 Contributions Reserve ($2,600K) and the Capital Works Reserve ($500K);

· $800K adjustment to the Regional and Local Road grant from Transport for NSW - $963K recognised as income last financial year and transferred to Unexpended Grants Reserve. The total 2023/24 expenditure will be $963K fully funded from the Unexpended Grants Reserve;

· A review of leases and licences to include CPI adjustments, rent reviews and new agreements resulting in an additional $226K in income;

· A $150K reduction in the Salaries and Wages vacancy discount factor; and

· Income and expenditure budgets for a number of new grants received

In addition to these main adjustments there were numerous adjustments to align income and expenditure forecasts with year-to-date actuals.

Discussion

A summary of Council’s revised Budget for 2023/24 and a summary of budget movements have been included in this report:

	Original Budget (000’s)	First Quarter Adjustments (000’s)	Second Quarter Adjustments (000’s)	Revised Budget (000’s)
Operating Income	59,815	574	665	61,054
Operating Expenditure	59,742	576	663	60,981
Surplus/(Deficit) before Capital Grants/Contributions	73	(2)	2	73
Capital Grants/Contributions	5,944	370	15,092	21,406
Surplus/ (Deficit)	6,017	368	15,094	21,478
Capital Expenditure	54,839	7,408	15,393	77,640
Funded by:
Transfers from Reserves	43,174	7,040	15,884	66,099
Grants and Contributions	4,944	370	(521)	4,793
Internal Plant Hire	96	-	-	96
Sale of Assets	241	-	-	241
General Revenue	6,384	(2)	30	6,412
Total Funding	54,839	7,408	15,393	77,640

Summary of Budget Movements

Operating Income:

The Review includes a $665K increase in Operating Income made up of:

- $226K increase in leases and licences arising from new agreements and CPI and other adjustments;

- $125K increase in income from The Canopy operations which has been transferred to The Canopy Replacement Reserve;

- $100K increase in Construction Zone Charges in line with year-to-date actuals;

- $98K in various new grants and contributions;

- $92K increase in s7.11 administration fees due to increased contributions; and

- $24K net increase in income from various other sources

Operating Expenditure:

The Review includes a $663K increase in Operating Expenditure made up of:

- $150K reduction in the salaries and wages vacancy factor;

- An offsetting budget for leave entitlement payments, funded from the ELE Reserve, and corresponding reduction in Council’s accrued employee leave entitlements;

- $110K increase in golf course bore and irrigation maintenance, offset by an increase in income;

- $101K additional expenditure associated with new grants and contributions received;

- $75K increase required for Waste Minimisation, funded from the Domestic Waste Reserve;

- $50K required for additional fine processing fees offset by increased fine income;

- $50K required for Council’s Sustainability Rebates Program;

- $43K increase required for traffic studies;

- $43K increase required for legal expenses; and

- $41K for other minor adjustments to operating expenditure budgets.

Capital Income

The Review includes a $15,092K increase in Grant and Contributions for Capital Purposes made up of:

- $15,613K increase in developer contributions ($15,093K St Leonards South and $520K LGA Wide);

- ($800K) decrease in grant income due to recognition of a Transport for NSW grant last financial year which was transferred to the Unexpended Grants Reserve and will be transferred from Reserve this financial year;

- $170K grant received for design of stages 1 and 2 of the Mowbray Rd Cycleway;

- $90K contribution to Depot work from Hunters Hill Council; and

- $19K for the Burns Bay Living Seawall project.

Capital Expenditure

The Review includes a $15,393K increase in Capital Expenditure made up of:

- $11,550K for St Leonards South property acquisitions, funded from s7.11 contributions;

- $3,100K for Bob Campbell Oval, funded from the s7.11 Contributions Reserve and the Capital Works Reserve;

- $170K for Mowbray Road Cycleway stage 1 and 2 design, funded by grant;

- $163K increase the balance of the unexpended Transport for NSW grant, funded from the Unexpended Grants Reserve;

- $160K for Central, East and West Ward budgets, carried forward from prior years’ unexpended budgets;

- $130K increase for Pottery Oval Lighting, funded from the Capital Works Reserve;

- $60K additional budget required for Pottery Green Amenities; and

- $60K increase for other projects, predominantly funded from grants and Reserves.

Reserve Movements

The table below summarises the Reserve movements proposed in the Second Quarter Review.

Operating Budget
Net transfer from the ELE Reserve to fund termination payments	($207K)
Transfer from the Domestic Waste Management Reserve for Waste Minimisation and Community Recycling	($87K)
Transfer from the Sustainability Levy Reserve for water monitoring study	($9K)
Transfer additional developer contributions income to s7.11 Reserves	$15,613K
Transfer forecast increase in The Canopy income to The Canopy Replacement Reserve	$125K
Capital Budget
Transfer from s7.11 St Leonards South Reserve to fund property acquisitions	($11,550K)
Transfer from s7.11 LGA Wide Reserve to fund Bob Campbell Oval	($2,600K)
Transfer from Unexpended Grants Reserve to fund Local Roads expenditure	($963K)
Transfers from the Capital Works Reserve for Bob Campbell Oval, Pottery Oval Lighting and Lane Cove Public School Netball Court Lighting	($735K)
Other transfers from Reserves for capital projects	($36K)
Net Transfer from Reserves	($449K)

A copy of all proposed budget adjustments can be found in AT-1.

Conclusion

The following statement by the Responsible Accounting Officer is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005.

It is my opinion that the Quarterly Budget Review Statement for Lane Cove Council for the quarter ended 31 December 2023 indicates that Council's projected financial position will be satisfactory at year end 30 June 2024, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

RECOMMENDATION

That the 2023/24 Budget be varied as follows:-

	Original Budget (000’s)	First Quarter Adjustments (000’s)	Second Quarter Adjustments (000’s)	Revised Budget (000’s)
Operating Income	59,815	574	665	61,054
Operating Expenditure	59,742	576	663	60,981
Surplus/(Deficit) before Capital Grants/Contributions	73	(2)	2	73
Capital Grants/Contributions	5,944	370	15,092	21,406
Surplus/ (Deficit)	6,017	368	15,094	21,478
Capital Expenditure	54,839	7,408	15,393	77,640
Funded by:
Transfers from Reserves	43,174	7,040	15,884	66,099
Grants and Contributions	4,944	370	(521)	4,793
Internal Plant Hire	96	-	-	96
Sale of Assets	241	-	-	241
General Revenue	6,384	(2)	30	6,412
Total Funding	54,839	7,408	15,393	77,640

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Quarterly Budget Review Statement - December 2023

Ordinary Council Meeting 22 February 2024

Council Policies Review - Part 3

Subject: Council Policies Review - Part 3

Record No: SU241 - 20727/23

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

Council’s Policy Register provides a full list of all policies adopted by Council with policies available on the website. To ensure the Register continues to contain useful, relevant and current policies, Council Officers undertake reviews of all policies during the course of a Council term.

The purpose of this report is for Council to review and consider the re-adoption of the following policies as part of the ongoing policy review for the Council term, which will extend throughout the remainder of this term:

· Memorial Seats and Trees Policy,

· Nature Strips: Mowing, Planting and Landscaping Policy,

· Financial assistance to community groups policy; and

· Smoke-Free Public Places Policy.

This is the third report in a series of reports to Council with policy review recommendations for adoption.

Background

The purpose of the review is to ensure that all policies are contemporary, compliant with current legislation and/or guidelines issued by State and Federal agencies, are consistent with Council’s direction and reflect industry standards.

Council previously reviewed and adopted polices at the July 2017 Ordinary Council meetings.

Discussion

This marks the third report in a series of reports which will be presented to Council, over the course of the remaining council term, outlining the results of the review. Due to the number of policies within the Policy Register, the plan is to present the revised policies to the Council gradually over the balance of the Council term, thereby providing sufficient time for the Council to review them, particularly if there are any proposed amendments.

Below is a summary of four (4) policies which have recently been reviewed. None of the policies require more than administrative amendments, inclusive of legislative updates.

Please note each of the four (4) policies outlined below contain a hyperlink (in the heading) to the current adopted policy version which is also located on Council’s website.

Memorial Seats and Trees Policy

This Policy details the circumstances in which Council will provide the opportunity for members of the public to request and donate the cost of the installation of memorials in parks and reserves in commemoration of a person with an appropriate connection to the Lane Cove Local Government Area.

This policy has been reviewed with no amendments required. (AT-1)

Nature Strips: Mowing, Planting and Landscaping Policy

The purpose of this Policy is to confirm and recognise the community's role in maintaining nature strips, ensure the mowing, planting and landscaping of nature strips contributes to the overall streetscape and amenity, define appropriate criteria for assessing requests by residents for Council assistance in mowing grassed nature strips, and define appropriate criteria for assessing requests by residents to plant out nature strips.

This policy has been reviewed with administrative changes, inclusive of the removal of All recipients of the service are required to reapply annually to confirm eligibility. Applications forms will be sent out by Council and the service will be suspended if a response is not received. (AT-2)

Financial Assistance to Community Groups Policy

The purpose of this Policy is to assist in the development and provision of a range of community-based services which meet and are responsive to changes in the needs of people living and working in the Lane Cove Local Government Area, and which promote equitable outcomes in terms of access to services and quality of life for all residents.

This policy has been reviewed with no amendments required. (AT-3)

Smoke-Free Public Places Policy

This purpose of this policy is to document Council’s role in providing a smoke-free environment in specified public places, protecting members of the community from the health and social impacts of passive smoking and improve the amenity of the local area by reducing the amount of cigarette butt litter.

This policy has been reviewed with no amendments required. (AT-4).

Conclusion

The above policy reviews ensure that the Policy Register is up to date with current practice and legislation. None of the amendments are such that it is considered necessary to undertake community consultation.

RECOMMENDATION

That Council adopt the reviewed and updated policies.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Draft - Policy OSUS-03 Memorial seats and trees	3 Pages	Available Electronically
AT‑2 View	Draft - Policy OSUS-02 Nature Strips, mowing, planting and landscaping	5 Pages	Available Electronically
AT‑3 View	Draft - Policy HS-01 Financial Assistance to Community Groups Policy	4 Pages	Available Electronically
AT‑4 View	Draft - Policy ES-03 Smoke-free public places policy	3 Pages	Available Electronically

Ordinary Council Meeting 22 February 2024

Delivery Program and Operational Plan - 2023/24 Second Quarter Review.

Subject: Delivery Program and Operational Plan - 2023/24 Second Quarter Review.

Record No: SU238 - 2317/24

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

This report outlines the 2023/24 Second Quarter progress towards achieving the projects and activities listed in the adopted 2023/24 Delivery Program and Operational Plan. It is recommended that the report be received and noted.

Discussion

The 2023/24 Delivery Program and Operational Plan was adopted by Council on 22 June 2023.

Council’s 2023/24 Delivery Program and Operational Plan outlines the strategies, actions and new initiatives proposed to be undertaken during the financial year in order to advance the goals and objectives of the Community Strategic Plan: Liveable Lane Cove: 2035. The Second Quarter Review of the 2023/24 Delivery Program and Operational Plan is attached at AT-1. The report indicates the responsible work area and includes a short progress report and action status.

Some highlights for the Second Quarter include:

· Council launched Reconnect - Seniors Community Social Wellness Program in Mental Health Month and partnered with ten (10) local organisations to deliver programs,

· Council participated in the 2023 Australian Livability Census and had the highest liveability rate in NSW,

· Emerging technology workshops were held across the Libraries - Winners of the 'Need a Lift?' photography competition were announced,

· The Home Library Service made 440 deliveries to 122 individual clients and eight (8) institutions in the Lane Cove and Hunters Hill local government areas,

· Kindy Cove received an overall rating of Meeting from the National Quality Standard Assessment. and increased the number of standards rated as Exceeding from 3 (2018) to 7 (2023).

· Officers from the Domestic Violence Unit joined the 1 Minute Silence For Violence information stall,

· Council hosted the Lighting of the Christmas Tree event and La Voce performance,

· The Child Safe Audit Report was completed, and a Child Safe Working Group is developing an action plan,

· Council presented the major prize of the Lloyd Rees Emerging Artist Award and coordinated the Lane Cove Literary Awards,

· Shorelink celebrated its 40th Anniversary at St Leonards library,

· The Shorelink 40th Anniversary Membership drive finished in October, with 1,684 new members joining at Lane Cove Libraries,

· 148 nursery volunteers dedicated a combined 510.75 hours, leading to the successful potting up of 2,666 new plants,

· The Verge provided 354 plants for nature strips and pocket parks,

· 472.5 hours of volunteer work was contributed over 58 Bushcare sessions,

· The Lane Cove Community Nursery requisitioned a total of 1,656 free plants provided to various Council programs,

· Harbourcare program: 4 clean-up events recorded by the Council this quarter, involving 23 volunteers who removed 38.8kg of rubbish,

· Unqualified Audit Report of the 2022/23 Annual Financial Statements, highlighted by an Operating Performance Ratio that exceeded 10.00% and placing Council amongst the top financial performers in NSW,

· An independent auditor assessed Council’s suite of Integrated Planning and Reporting Documents and awarded it a ‘strong’ audit grading.

· Lane Cove Council received a Highly Commended award for our Community Led Resilience in High Density Housing Program at the 2023 LGNSW Excellence in the Environment Awards in December.

· Australian first: Street side power poles in Lane Cove transformed into electric vehicle charging stations, boasting nine operational chargers on local streets and a total of 30 chargers, including those in Council's off-street car parks,

· The popular Sustainability Rebates program, having fully allocated its budget, approved 115 out of 125 applications, reflecting a community investment of $1,145,826 in sustainability products with a rebate value of $74,508 and an anticipated annual CO2e reduction of 1,585 tonnes, while new applications are on a waitlist for future budget availability; and

· Council's new Solar Bulk Buy initiative, launched this quarter with two successful community events in October, garnered significant interest with 130 registrations. Of these, 79 households expressed interest in installing systems, leading to 13 households adopting the offer. The initiative resulted in the installation of 91kW solar panels and 91kWh of batteries, offering an estimated annual reduction of 184.1 tonnes of CO2e. Participants connected to the Virtual Power Plant can contribute to the grid and receive extra financial benefits.

RECOMMENDATION

That the Second Quarter Review of the 2023/24 Delivery Program and Operational Plan be received and noted.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Delivery Program and Operational Plan - 2nd Quarterly Review - 2023-2024

213 Pages

ATTACHMENT 1

Delivery Program and Operational Plan - 2nd Quarterly Review - 2023-2024

Ordinary Council Meeting 22 February 2024

Local Planning Panel - Expiration of Term

Subject: Local Planning Panel - Expiration of Term

Record No: SU4720 - 7277/24

Division: Planning and Sustainability Division

Author(s): Mark Brisby

Background

The Department of Planning and Environment {DPE} have advised that the current term of the members of the Lane Cove Local Planning Panel (LCLPP) expires on 28 February 2024.

A Section 9.1 Planning Panel Direction was issued on 23 January 2024 by the Minister for Planning to extend existing panel members until 30 June 2024. This will allow time for the new expert members of the LCLPP to be established. The DPE has commenced work on the recruitment for new pools of Panel Chairs and expert members.

Three of the six existing community panel members have exceeded the six-year limit. As the establishment of new community members is a matter for Council, a separate recruitment process will need to be undertaken to recruit one new community representative, as a minimum of four is required.

Discussion

The Department of Planning and Environment {DPE} have advised that the current term of the members of the Lane Cove Local Planning Panel (LCLPP) expires on 28 February 2024. The DPE has advised Council that:

1. the extension will not apply to Chairs, Alternates, Experts and Community Representatives who have served more than 6 years.

2. an interim Chair will need to be appointed for the period 28 February to 30 June 2024.

3. current Community Representatives and Experts that have not reached the maximum tenure period maybe reappointed for the interim period.

4. for the interim period the minimum number of experts {15} and community members {4} will not apply.

The DPE will be responsible for the appointment of new Chairs who will commence on 1 July 2024. As the LCLPP Chair Mr. David Lloyd KC has served more than the six years maximum he is not eligible to be reappointed.

The two current alternate Chairs have been in place for less than six years are eligible to be appointed in the interim period. As such Mr. Mark Gifford has been appointed Interim Chair and Ms. Louise Byrne reappointed as alternate Chair.

A review of the current LCLPP expert members indicates that 7 have served for the six years maximum and are no longer eligible to be reappointed. They are as follows;

· Graham Brown

· Kevin Hoffman

· David Johnson

· Eugene Sarich

· Robert Montgomery

· Lindsay Dey

· Steve Fermio

In April 2023, in response to the DPEs new requirement that all LPPs must have a minimum of 15 expert members Council appointed six new panel members. Along with those still eligible they have been reappointed for the interim period as follows;

· Michael Ryan

· David Ryan

· Michael Mason

· Jason Perica

· Lisa Bella Esposito

· Susan Hobley

· Kim Crestani

· Lisa Trueman

A review of the current community representatives indicates that 3 have served for the six years maximum and are no longer eligible to be reappointed. They are as follows;

· Jane Blackmore

· Mary Rawlings

· Maria Linders

In April 2023 in response to the DPEs new requirement that all LPPs must have a minimum of 4 community representatives Council appointed three new representatives. They have been reappointed for the interim period as follows;

· Melanie Naidoo

· David Risbey

· Ian Longbottom

A recruitment process will need to be undertaken by Council for the selection of an additional community member to achieve the4 person minimum.

Conclusion

The current number of LCLPP members still eligible is considered a suitable pool for the interim period which is 28 February to 30 June 2024.

While the number of reappointed panel members is less than the required minimum the DPE have advised that Council is able operate with the reduced numbers for the interim period.

RECOMMENDATION

That:-

1. the report be received and noted;

2. Council advise the Department of Planning & Environment of the reappointments;

3. Council write to the departing Chair Mr. David Lloyd KC and express its appreciation for his work over a long period of time as the Chair of the Lane Cove Local Planning Panel and the former Lang Cove Independent Hearing An Assessment Panel; and

4. Council write to the departing expert members and community representatives and express its appreciation for their work on the Panel.

5. A recruitment process be undertaken for the selection of an additional community member.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 22 February 2024

Councillor Conference Attendance Request - NSW ALGWA Conference 2024

Subject: Councillor Conference Attendance Request - NSW ALGWA Conference 2024

Record No: SU2520 - 5793/24

Division: Corporate and Strategy Division

Author(s): Steven Kludass

Executive Summary

Councillors Bridget Kennedy and Merri Southwood have expressed an interest in attending the ‘NSW ALGWA Conference 2024 hosted by Ryde City Council from Thursday 14 March to Saturday 16 March 2024 (inclusive).

This report seeks Council’s endorsement for Councillors Kennedy and Southwood to attend this Conference and determine whether other Councillors might be interested in attending the Conference as well.

Discussion

The NSW ALGWA Conference 2024 website describes the conference as follows:

The 2024 ALGWA NSW Annual Conference is designed to provide training and support for councillors and staff, whether they are new to local government or have been around for a long time. It’s an opportunity to learn and gain valuable insights from our guest speakers along with networking with other delegates from across NSW. The City of Ryde is proud to host this important event in 2024.

The World Belongs to Optimists

In an era marked by rapid change it's the optimists that see beyond immediate challenges and envisage a world where technological advances compliment human endeavours and elevates them to new heights.

Together let's delve deeper to explore the economic impacts, the potential of society, and embrace opportunities to shape our future communities.

Optimism is the most powerful tool a Leader has. Our NIDA masterclass will help you master intential optimism as you pay close attention to the energy and language you are brining into the space in leading your communities.

Guest speakers / presenters include Juanita Phillips, Melissa Neighbour and Amanda Johnstone.

Expenses

Conference ticket: $1,300 per person.

Accommodation: Nil.

Council’s Payment of Expenses and Provision of Facilities to Councillors Policy allows Councillors to attend conferences, training and development and similar functions by Council Resolution or where it is not practical to submit a report to Council prior to the event such requests can be approved by the Mayor and General Manager.

The 2023/24 Councillor Training Expenses Budget contains sufficient funds to accommodate the training request of Councillors Kennedy and Southwood and other Councillors should they wish to attend this Conference. Other Councillors that wish to attend the Conference, can express their interest at the Council Meeting.

RECOMMENDATION

That Council:

1. Endorse the request by Councillors Kennedy and Southwood to attend the NSW ALGWA Conference 2024, hosted by the City of Ryde; and

2. Nominate any additional Councillors that may wish to attend the Conference.

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

There are no supporting documents for this report.

AT‑1 View	Council Snapshot December 2023 and January 2024	47 Pages	Available Electronically
AT‑2 View	Resolution Tracker Report for 22 February 2024 Council Meeting	72 Pages	Available Electronically